Webber et. al v. Department of Homeland Security
Overview
Overview
Plaintiffs in Webber v. DHS appealed Judge Christensen's decision transferring the case to the U.S. Court of International Trade.
The Issue
Issue
Whether a federal district court properly transferred a case challenging IEEPA tariffs to the U.S. Court of International Trade, or whether the case involves constitutional or equitable claims requiring district court jurisdiction.
The Rules
Rule
The Court of International Trade has exclusive jurisdiction over civil actions arising from tariffs and trade duties under 28 U.S.C. § 1581(a), but district courts may retain jurisdiction when cases present constitutional claims or require equitable remedies beyond CIT's specialized purview.
The Application
Analysis
Judge Christensen transferred the Webber case to CIT, apparently finding the claims fell within CIT's exclusive tariff jurisdiction. The appellants contend the transfer was improper because the case raises constitutional challenges to IEEPA's exercise or involves remedies outside CIT's scope.
The Conclusion
Conclusion
On February 27, 2026 (entry 77), a Ninth Circuit panel of Judges Fletcher, Gould, and De Alba dismissed the appeal for lack of jurisdiction, citing the Supreme Court's decision in Learning Resources, Inc. v. Trump. The mandate issued April 21, 2026 (entry 78).
Flag an issue
This tracker is maintained by BrynoDC and is free because readers fund it. Support